Category Archives: Workers’ Compensation

Remember Workers’ Memorial Day

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Workers' Memorial DayToday, April 28, 2016, is Workers’ Memorial Day. Every year, Nebraska honors workers who lost their lives on the job and their families with a ceremony on the steps of the State Capitol building, 1445 K St., in Lincoln. The ceremony begins at 7 tonight.

When I am in town, I attend. I am always angered, saddened, moved and ultimately encouraged after each ceremony. All of the deaths were preventable with more attention to safety. The pain and distress of the families is hard to see. The words and musical performances are heartfelt and genuine. The crowd, regardless of the weather, seems to be growing, which shows more concern for worker safety and workers’ compensation.

Come to the Capitol this year. Honor the departed workers and their families. Keep caring about workers and the laws that protect and compensate them. We have to remain vigilant and involved. I hope to see more new faces this year.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Events, holidays, Workers' Compensation and tagged , , , .

Tips on Your Workers’ Compensation Claim

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Today’s blog post comes from lawyer Thomas Domer, who is an advocate for injured workers through Domer Law Firm in Milwaukee, and he also teaches the workers’ compensation course at Marquette University. He writes about a talk he gave in New Orleans regarding three important tips for people making a workers’ compensation claim. These tips generally apply in Nebraska and Iowa, but workers’ compensation laws vary by state. So please speak with an experienced workers’ compensation lawyer if you have questions about specifics regarding your experiences. Have a safe, productive day.

I just returned from New Orleans where I made a presentation to about 150 workers’ compensation lawyers (both for workers and for employers) on “Case and Client Evaluation In Workers’ Compensation”.

Since many in the audience represented insurance companies and employers, I paid particular attention to their response to my presentation. As one would expect, their best chance to win a case on behalf of the employer and insurance carrier occurs when several items come into play:

  1. When there is no actual report of the injury. [Worker’s Tip: No matter how small the work injury, make sure it is reported in some fashion – cell phone, voice recording, or Accident Report and the worker keeps a copy (BEST).]
  2. Failure to report that a work injury occurred to the first treating practitioner (whether Emergency Room, employer-directed medical facility, hospital, or primary care physician). The single most difficult hurdle in a workers’ compensation claim involving a traumatic injury occurs when no report of the injury is found in the initial medical record.
  3. In “Occupational Exposure” cases, no discussion with the doctor about work duties or prior incidents. (In Wisconsin, a worker can recover for workers’ compensation in one of two ways:
    1. A traumatic injury where a single incident has caused the disability (lifting a box, falling, etc.)
    2. Occupational Exposure, where the wear and tear of a worker’s job causes the disability over time. In this latter category, workers routinely do not indicate with any kind of specificity the type of work they perform when they see the doctor.

These three tips can help us as workers’ compensation lawyers win claims, more so than any “Clarence Darrow” court room techniques or strategies.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Status of Worker’s Compensation in the United States

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WILG_logoLawyer Charlie Domer, from the Domer Law Offices in Milwaukee, originally wrote today’s blog post. This report from WILG (the Worker’s Injury Law & Advocacy Group) should be required reading for all who care about worker safety and workers’ compensation, as Domer writes below.

All of our firm’s lawyers are members of WILG, and Jon Rehm and I serve on the Board of Directors.

Here’s WILG’s mission statement: “Worker’s Injury Law & Advocacy Group is the national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of workplace injuries and illnesses. The group acts principally to assist attorneys and non-profit groups in advocating the rights of injured workers through education, communication, research, and information gathering.”

After reading the report, contact an experienced workers’ compensation lawyer with your questions or concerns about specifics.

For all those concerned about worker’s compensation in our country—which really is all citizens—take a look at this important report on the current status of worker’s compensation systems.  The report, from the Worker’s Injury Law & Advocacy Group (WILG) highlights the scary place where some legislators and big businesses want to take worker’s compensation.

Click here for the report. (PDF)

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Medical Records Important for Workers’ Compensation Claim

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Medical records are necessary to substantiate an injured worker’s claim. At a minimum, injured workers and attorneys need the records from doctors and hospitals to show the diagnoses the workers have and the treatment that they have received. This includes records from physical therapy, MRI, pain management, orthopedic, etc.  

Every injured worker has a right to receive her or his medical records, and by law should be able to obtain those records promptly at a fair cost.

Federal law is clear: a patient has the “right to obtain from [their health care providers] a copy of [their medical records] in an electronic format,” 42 USC § 17935(e)(1), and that health care providers may bill “only the cost of … copying, including the cost of supplies for and labor of copying,” 45 CFR 164.524(c)(4)(i). This is all part of the Health Information Technology for Economic and Clinical Health Act (HITECH Act).

Rehm, Bennett & Moore employs the HITECH Act on behalf of injured clients to represent them in an efficient and cost-effective manner.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Workers’ Compensation System Should Serve Workers: Research Study Looks at ‘Work-Injury Impact on Wealth of U.S. Workers’

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170415193105_5916The costs of workplace injuries for workers and their loved ones are discussed pretty frequently on this blog, in general terms. Those costs are often not absorbed by the businesses where worker injuries occur, or by the insurance companies that represent those businesses and often present denials and roadblocks for injured workers to get prompt, effective treatment. Instead, costs are passed on to society’s social safety nets (also known as the taxpayer) to help shore up the injured workers and their loved ones.

I can cite many individual examples where workplace safety and the workers’ compensation system have fallen short in either preventing work injuries or serving injured workers after an incident occurred. Those limitations, and even failures of the system, usually result in a significant loss of income for injured workers and their loved ones and lives being altered. Sometimes, previously self-sufficient people have to rely on programs like Social Security Disability.

Now there is recent research to back up my experiences and show that the workers’ compensation system must serve injured workers better, not just be worried about the “bottom lines” of businesses, insurance companies, cost-containment groups, and others who prioritize themselves before the injured workers and are part of the workers’ compensation system. This research comes from those who are studying the National Longitudinal Survey of Youth (NLSY79).

There are a lot of useful and interesting details in this article, which I strongly encourage you to read. Keep in mind that the authors separated people into the following categories:

  1. “persons with DAFW injuries (injuries resulting in days away from work)”
  2. “those with NDAFW injuries (no days away from work)”
  3. “non-injured persons”

According to the abstract, the researchers’ conclusions were as followed.

“Occupational injuries exacerbate income inequality. Efforts to reduce such disparities should include workplace safety and health enforcement. Am. J. Ind. Med. 59:106–118, 2015.”

Remember the categories above? Here are the research study’s results, according to the abstract.

“The annual earnings growth was $3,715 (in 2000 dollars) less for workers with DAFW injury and $1,152 less for workers with NDAFW injury compared to non-injured workers during a 10-year follow-up. Lost wages and disability following injury contributed to income loss for injured workers, but the loss was moderated by union membership. After controlling for confounders, income disparities persisted, but family wealth differences did not.”

One of the great and frustrating things about research is that more research always needs to be done to explore more results and confirm (or not confirm) the original study’s results, and that takes both research funding and time, which are both often in short supply. Regardless, there were a couple of points that were in the LexisNexis Legal Newsroom’s article by Roger Rabb that I found particularly useful.

“… Construction workers who are injured are more likely to suffer a more severe injury than a worker in another occupation who suffers an injury. Strangely, however, injured construction workers were less likely to file for workers’ compensation benefits than persons in other occupations, although they were slightly more likely to receive benefits if they did file a claim. Injured construction workers were also more likely to suffer lost wages, more likely to work less than full time or get laid off, and less likely to get assigned to a different job than injured workers in other occupations,” Rabb wrote.

In addition, these results won’t surprise people who know about workers’ compensation, but it is worth mention that Rabb noted that “the study also identified that differences in gender and education level impacted injury rates.”

As can be seen by the study results linked to above, the workers’ compensation system SHOULD and MUST do a better job to serve injured workers and their loved ones. Injured workers must be treated in a timely manner, and efforts should be made so they can either get back to work once they are healed, or, depending on the circumstance, adjust to their new normal (financial and otherwise). These efforts can best be improved through prompt and thorough treatment without roadblocks and denials by either the business or the insurance companies involved, so workers can eventually obtain retraining or figure out other ways to support themselves and their loved ones, and to move on with their lives in the best way possible.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Work Injury, Workers' Compensation, workplace accidents, Workplace Injury and tagged , , .

How It’s Going: Workers’ Compensation, Perspective and Resilience

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Man Jumping.previewWe humans are made of strong stuff. We can adapt, change, address a new situation, do the right thing, and sometimes even admit we’re wrong.

Though it’s hard to admit it, some of the challenges and stresses of the workers’ compensation system are that the system is made up of humans who lack perspective, lose perspective or refuse to see others’ perspectives.

One of the important and impressive things about humans is that we continue to adapt and gain perspective in situations that make us uncomfortable, doing the right thing even when facing big problems and challenges.

David DePaolo, CEO of WorkCompCentral

David DePaolo, CEO of WorkCompCentral

In Adjuster Does Right from David DePaolo, this amazing blog post helped me to step back and gain perspective.

Do you do the right thing when it might not be popular or profitable?

In his blog post, DePaolo writes the following, encouraging people to realize that those humans involved in the system might not have all the information but will be making a decision anyway, and stubbornly dig in because their way is the right one for their “side.”

“It’s easy to denigrate and criticize ‘the insurance company’ because of the monolithic facade of the establishment, and the cold, dehumanizing character of the process.

“But behind that steel and glass are real human beings entrenched in conflict as soon as they walk through the doors to do their jobs. Every day the professional at the claims desk has decisions to make that affect, deeply, others,” DePaolo writes.

In this case, DePaolo celebrates the result as a success story, because “Adjuster X did the right thing. Not without considerable anxiety, stress and internal conflict …”

The “sides” are not necessarily evil, and the people taking the sides are generally good people who have friends and loved ones.

fallowsJames Fallows wrote an article that is linked to at the end of the DePaolo story, How America Is Putting Itself Back Together. It has so many good thoughts and ideas in it, and I strongly encourage you to read it and think about how you are involved in whatever community, tribe, or cause outside of yourself in which you believe.

“What is true for this very hard-luck city prevails more generally: Many people are discouraged by what they hear and read about America, but the closer they are to the action at home, the better they like what they see,” Fallows writes.

For different people, “home” can mean different things. What is your community? Who are your people? Where do you belong, contribute, and make someone think and be challenged and/or feel good and be appreciated?

It doesn’t have to look the way your parents’ community looked – it can be online – uniting people in different states, or it can be via CB radios, to use a couple of examples that occur today.

Thinking about workers’ compensation makes me realize that the system can definitely be improved, but it does, generally speaking, work, as do a lot of other activities in American life, which Fallows demonstrates in his article in The Atlantic.

Sometimes people in workers’ compensation get so focused on their way or the highway – what Fallows likens to people on an Interstate who can only see the road ahead, because they’re driving on the ground.

But Fallows encourages people to get a different perspective – like he does – by flying low across the nation in a small plane. I think that idea can be applied to an individual’s situation, the workers’ compensation system, or a community, which was Fallows’ focus.

“I would love for more people to know how this country looks from above. I would love for America’s sense of itself to include more of what we’ve seen on the ground,” he writes.

There are smart, thoughtful people in every community. The workers’ compensation system is no exception. The quote below, though Fallon was referencing creativity in tech start-ups, applies to people who choose to be nice, make the best of hard and challenging situations, and strive to be kind.

“… Nearly everywhere we went we were surprised by evidence of a different flow: of people with first-rate talents and ambitions who decided that someplace other than the biggest cities offered the best overall opportunities. We saw and documented examples in South Carolina, and South Dakota, and Vermont, and the central valley of California, and central Oregon.” …

“Where you wouldn’t expect, that is, except we have seen so much of this nearly every place we’ve gone,” Fallows writes.

What Fallows is describing but doesn’t specifically name is resilience – recovering, adapting, developing coping tools, and figuring out the new normal. It is not an easy thing, but it is an important thing.

It is possible to be content – and even happy, or at least satisfied – with your personal situation, while still taking part in fighting injustice and inequity.

One way of doing that is by helping others – even working with people with whom you don’t agree philosophically – but who you can work with to improve a system or achieve a goal, anyway.

That’s one of the motivations of the Kids’ Chance of Nebraska organization. It offers scholarships to college students whose parents have been affected by workplace injury or even death. It is a wonderful, powerful cause, and I look forward to many more scholarships helping children of injured workers continue and ultimately reach their educational goals.

Though there is a lot of divisiveness and taking sides in the nation right now, after reading DePaolo and Fallows, it is reassuring to think that just like a bunch of small fragmented communities showing economic resilience, maybe our small gestures like a bunch of people within a workers’ compensation system giving Kids’ Chance scholarships, can and do make a difference to the greater whole.

Yes, there is always room for improvement. But I would like to think that just like that adjuster who did the right thing and those who give back to their communities are helping, that maybe we, as a nation, are doing OK after all.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Insurance, workers compensation reform, Workers' Compensation and tagged , , , , .

Workplace Death Benefit in Bill Should Be Expanded

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Omaha Sen. Health Mellow

Omaha Sen. Health Mellow

I was recently quoted in the Omaha World-Herald newspaper as a neutral testifier in the Nebraska Legislature regarding a bill being considered, LB 836.

As commentator Paul Harvey used to say, now here’s “the rest of the story.”

LB 836 is a bill sponsored by Omaha Sen. Health Mellow that “would provide a one-time $50,000 death benefit to the family of a law enforcement officer, firefighter or correctional officer killed during a violent or accidental incident while working,” according to the World-Herald article.

This bill should be passed to help first responders and I am glad that it would also cover volunteers in Nebraska, according to the World-Herald.

I have to ask: Why stop there? For many families, the on-the-job death of a loved one means so much tragedy, and LB 836 or another bill should be is introduced, passed, and be made into law to give a similar benefit to anyone who is killed on the job in the state of Nebraska. It’s an issue of inclusion. No one should be excluded from their loved ones having a bit more financial stability if the unthinkable happens on the job.

Sen. Mellow was quoted in the World-Herald saying that eight first responders in 16 years have been killed in the line of duty in Nebraska.

It is tragic and frustrating to hear about anyone killed at work, and one person dying is one too many. In this spirit, of the 4,679 fatal work injuries in 2014, 54 of them were in Nebraska, according to the U.S. Bureau of Labor Statistics Fatal Work Injuries in Nebraska – 2014 website.

The range of workplace fatalities varied from a high of 83 in 1994 to a low of 36 in 2005. In 2013, there were 39 deaths, and 48 people died at work in 2012, according to the U.S. Bureau of Labor Statistics websites.

It appears that over the last 10 years, according to a table in the 2014 BLS document, approximately 492 workers’ loved ones would have appreciated worrying less about finances when their loved one died as a result of the workplace.

I feel strongly that grieving survivors should receive a significant death benefit for every Nebraska worker who is killed on the job. Right now, the beneficiaries of employees who are killed at work get $10,000, which these days is not even enough for a funeral and burial. Usually this is the tip of the iceberg regarding unexpected costs that loved ones endure, in addition to a brutal and unanticipated grieving process, too.

The average number of deaths a year that I gave at the hearing was on the low end: 36, based on the number that occurred in 2005.

But know that each of those people who died in a workplace incident had someone who loved her or him and who relied on that person and misses them immensely. Kudos to Sen. Dave Bloomfield of Hoskins, who recognized that the grieving process is universal, according to the article in the Lincoln Journal Star. I stand by the quote that was in the Journal Star, and want to emphasize that first responders are important contributors to society, as are other workers who are killed each year on the job, including those who make such occupational choices as steel workers, road workers, and packing plant workers.

“I’ve had those guys fall off roofs and die and get crushed. They’re doing a hell of a community service. So are road workers. So are the packing plant workers who get chewed up and spit out like the hamburger they’re making.”

All of them are contributing to society. So I hope we can honor them and their survivors through increased death benefits legislation to show those contributions.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, Legislation, Worker safety, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , .

Tyson Foods’ Injury Incidents Examined Through OSHA Reports

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22-Hispanic-Poultry-Processor-on-LineAs I wrote in a previous blog post, OSHA has decided to make a 90-day regional emphasis on “high-hazard manufacturing industries” in Nebraska, Kansas and Missouri, which are three of the four states in what the Occupational Safety and Health Administrations calls Region 7.*

“The emphasis program focuses on manufacturing industries where injury and illness rates exceed the average for the private sector. Included are manufacturers of the following products: food, furniture, fabricated metal, nonmetallic mineral, machinery, and computer products as well as printing and related support activities,” according to the OSHA news release.

Sadly, this increased inspection effort may have been inspired by some injury incidents recently written about by in an article from the ScienceBlogs website “The Pump Handle: A Water Cooler for the Public Health Crowd” titled “Amputations about at Tyson Foods, OSHA records shed more light on industrial food production.”

Writer Celeste Monforton, who has master’s and doctorate degrees in public health, made a Freedom of Information Act (FOIA) request regarding the federal OSHA regulation that “requires employers to report within 24 hours any work-related incident that results in an amputation or hospitalization,” according to her article. The request asked for data from Tyson Foods, which “has more than 400 facilities in 30 U.S. states, and it processes 35 million chickens, 400,000 hogs, and 128,000 cattle per week.”#

In a nine-month period, from Jan. 1 through Sept. 30, 2015, Monforton discovered 34 reports by Tyson of amputations or hospitalizations.

“The hospitalizations included a worker at the company’s facility in Rogers, AR (Arkansas) who fell 32 feet off of a roof, and a worker in Holcomb, KS (Kansas) who broke his leg while learning to operate a forklift.”

She goes on to write that 17 of 34 incidents were amputations – in a 9-month period – not even over a whole year. The article has a tragic and sobering table that summarizes the amputations, and it is worth clicking to the article to take a look at the table because it includes the month, body part, equipment or tool in use, product (type of plant), city and state involved in each incident.

Here’s a summary of her list that focuses specifically on Nebraska, Missouri and Kansas, where eight of the 17 amputations occurred.

There were four amputations in the Nebraska plants of Lexington (fingertip; and tips of middle and index fingers using band saws in the beef plant), Omaha (ring, index and pinky fingers using the skinner in the poultry plant) and Dakota City (thumb using the sprocket in the pork plant). There were three amputations in the Missouri plants of St. Joseph (both hands using the auger), Monnet (distal portion third finger using the impeller in the poultry plant), and Sedalia (middle finger to first knuckle on the cone line in the poultry plant). The Kansas amputation was in the Emporia beef plant, when the skinner was being used and the end and outside part of a thumb were amputated.

These incidents (and the Kansas forklift-training one mentioned above) may explain OSHA’s new regional emphasis, as Tyson’s meatpacking plants should definitely count as “high-hazard manufacturing industries,” in my opinion.

Though the reports are brutal and tragic, I hope that Monforton completes more FOIA requests to OSHA to track trends, because each of these injury incidents greatly affected someone and their loved ones, whether their lives were changed temporarily or permanently, such as the worker whose hands were amputated in Missouri.

Meanwhile, though I realize it doesn’t cover the same dates as Monforton’s article, Tyson recently released earnings of “record results” for the first quarter of fiscal year 2016, which ended on Jan. 2 of this year, according to the link above.

“‘Fiscal 2016 is off to a very strong start in what we expect to be another record year,’ said Donnie Smith, president and chief executive officer of Tyson Foods. ‘Solid execution across the entire team resulted in record earnings, record operating income, record margins and record cash flows. We captured $121 million in total synergies for the quarter, with $61 million incremental to fiscal first quarter 2015.

“‘Our on-going efforts to invest in and grow our Core 9 product lines are paying off as sales volume for the most recent four week period was up 4%. The Core 9 product lines represent our strongest brands, greatest pricing power and best category growth opportunities and are major contributors to volume and profitability in the retail channel,’ Smith said. The Core 9 is composed of nine retail product lines in the Tyson®, Jimmy Dean®, Hillshire Farm®, Ball Park®, State Fair® and Aidells® brands.”

Though unfortunately, the number of work-related injury incidents isn’t available for the first quarter above, it’s suspected that they’re not much different than any other three-month snapshot of all the Tyson plants. It is a certainty that you can draw your own conclusions about how Tyson values its workers, based on Monforton’s article. It’s worth noting that in a quarter where record profits were had for shareholders, it’s highly doubtful that it was an amputation-free quarter for all workers, based on past performance in Monforton’s article.

In conclusion, I wish the best for OSHA in its quest to focus on “high-hazard manufacturing industries.”

Here’s hoping that the resulting education efforts and inspections mean greater safety knowledge for workers and fewer life-changing incidents, like amputations, that adversely affect workers, their loved ones, and society as a whole.

*Note that Iowa is also in Region 7, but according to OSHA’s website, it’s one of the states that “operate their own OSHA-approved job safety and health programs and cover state and local government workers.” Because Iowa has a state program, I believe that’s why it’s not targeted in this regional emphasis.

#Note that Monforton’s FOIA “does not include information from the states that run their own OSHA program, 10 of which have Tyson operations,” according to the article she wrote that is linked to above.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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